roardebt

Settling Before Trial Please Read ASAP

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I believe you can look up Texas courts or Texas Supreme Court. Then look for either "court rules" or "Rules of Civil Procedure". That should tell you how and when you can file for a dismissal. Hope this helps.

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With the trial being tomorrow, I'm looking to attack their lack of chain of ownership papers. So far all they submitted thru discovery was the print out from the Global Debt Registry which I don't think will stand. Is it likely they had more they were holding back for trial? Can they just enter evidence like that? If they enter new evidence is there any chance I can move for a continuance based on it being entered in?

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Roar,

I found this in the site provided above by GH0104:

193.6 Failing to Timely Respond - Effect on Trial

(a) Exclusion of evidence and exceptions. A party who fails to make, amend, or supplement a discovery response in a timely manner may not introduce in evidence the material or information that was not timely disclosed, or offer the testimony of a witness (other than a named party) who was not timely identified, unless the court finds that:

(1) there was good cause for the failure to timely make, amend, or supplement the discovery response; or

(2) the failure to timely make, amend, or supplement the discovery response will not unfairly surprise or unfairly prejudice the other parties.

(B) Burden of establishing exception. The burden of establishing good cause or the lack of unfair surprise or unfair prejudice is on the party seeking to introduce the evidence or call the witness. A finding of good cause or of the lack of unfair surprise or unfair prejudice must be supported by the record.

© Continuance. Even if the party seeking to introduce the evidence or call the witness fails to carry the burden under paragraph (B), the court may grant a continuance or temporarily postpone the trial to allow a response to be made, amended, or supplemented, and to allow opposing parties to conduct discovery regarding any new information presented by that response.

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With the trial being tomorrow, I'm looking to attack their lack of chain of ownership papers. So far all they submitted thru discovery was the print out from the Global Debt Registry which I don't think will stand. Is it likely they had more they were holding back for trial? Can they just enter evidence like that? If they enter new evidence is there any chance I can move for a continuance based on it being entered in?

Object that the Global Debt Registry document is hearsay. Unless someone from GDR is there to testify to its authenticity, it is worthless.

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Object that the Global Debt Registry document is hearsay. Unless someone from GDR is there to testify to its authenticity, it is worthless.

Even then it is probably worthless.

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Sorry for coming back to this thread so late but left the board after I got the help last June. For the record we settled before court and I agreed to a payment plan which I'll finish up paying off this July. Despite being a JDB which in theory I hate, Jormandy was/is actually pretty easy to work with and willing to work with you.

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